JCC Awards TPD After Kitchen Finger Amputation But Denies Future Care

In Richard David v. Vale Food Co. Delray LLC, OJCC Case No. 25-029033BKC, the claimant was working as a chef and food preparer when a knife slipped while he was cutting sweet potatoes, causing a tuft amputation and laceration to his right index finger.

Judge Barbara K. Case found the September 1, 2025 accident was the major contributing cause of the emergency treatment and accepted Dr. Jeffrey Katzell's opinion that the claimant could not use his dominant right hand or return to kitchen work for eight weeks. The order granted TPD from September 1, 2025 through October 27, 2025, with penalties, interest, costs, and attorney's fees.

The JCC denied authorization of a primary care physician for the right hand and index finger because Dr. Katzell placed the claimant at MMI with no restrictions and did not identify any further necessary treatment. The practical takeaway is that an unrepresented employer's failure to appear did not eliminate the claimant's burden to prove ongoing medical necessity, even after defenses were stricken.

Source: Compensation Order